Merck Must Hand Over Vioxx Gov't Docs, NJ Judge Says

Law360, New York (December 13, 2012, 5:45 PM EST) -- A New Jersey federal judge on Wednesday affirmed a magistrate judge’s order compelling Merck & Co. Inc. to hand over purportedly privileged documents produced for government investigations concerning its arthritis painkiller Vioxx in multidistrict securities litigation alleging it misrepresented the drug to inflate its stock.

U.S. District Judge Stanley R. Chesler rejected Merck’s appeal of the Oct. 5 order handed down by U.S. Magistrate Judge Cathy Waldor. She correctly applied the Third Circuit’s 1991 ruling in the case Westinghouse Electric Corp. v. Republic of Philippines to...